BOROUGH OF PARK RIDGE ZONING BOARD AUGUST 21, 2018 REGULAR MEETING MINUTES

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1 BOROUGH OF PARK RIDGE ZONING BOARD AUGUST 21, 2018 REGULAR MEETING MINUTES The Public Meeting of the Zoning Board of the Borough of Park Ridge was held at Borough Hall on the above date. Chairman Flaherty asked everyone to stand and recite the Pledge of Allegiance. ROLL CALL VOTE: Chairman Jake Flaherty Vice Chairman John Sigillito Mr. William Walker Mr. Frank Pantaleo Mr. Mike Curran Mr. JeffRutowski Mr. David Shifris Mr. Gary Ingala (Alt. 1) Present Present Present Present Absent Present Absent Present ALSO PRESENT: Mr. William Rupp Ms. Tonya Tardibuono Board Attorney Board Secretary Chairman Flaherty stated that the meeting was being held in accordance with the Open Public Meetings Act. The following member was sworn in by Attorney Rupp: Alternate 2 Member: Nick Triano (term ending December 31, 2019) NEW APPLICATION #ZBA Helyn Beer 72 Freemont Ave Block 1308 / Lot 7 First Floor Addition & Porch The following people were sworn in by Mr. Rupp to offer testimony: Joseph Bruno 29 Pascack Road Park Ridge, NJ Proof of service is in order. The applicant is seeking variances for rear yard setback. 1

2 This house was built before the zoning code was written. Mr. Bruno stated that the proposed addition is situated on the side of the house. The variance is a direct function of the pre-existing non conforming lot depth. Mr. Sigillito asked why they did not want to move the addition over. Mr. Bruno replied they did not want to cover up the existing living room window. Mr. Rupp asked how many bathrooms were located in the home. Mr. Bruno replied only one and it's upstairs. There being no members of the public wishing to speak, the hearing was closed and the Board will discuss and vote on this application. Mr. Rupp said giving the non-conformity of the lot, the location of the house on the lot and the window issue those are sufficient grounds for hardship. A motion was made by Mr. Sigillito to grant the requested variances. The motion was seconded by Mr. Walker, and carried by a roll call vote as follows: Mr. Frank Pantaleo Mr. JeffRutowski Mr. William Walker Mr. Gary Ingala (Alt. 1) Mr. Nick Triano Wt.2) Vice Chairman John Sigillito Chairman Jake Flaherty RESOLUTION #ZBA Salvatore Pulvirenti 160 Mountain Avenue Block 701 / Lot 20 R-15 Zone lnground Pool A motion was made by Mr. Pantaleo to approve the resolution, seconded by Mr. Rutowski, and carried by a roll call vote as follows: Mr. Frank Pantaleo Mr. JeffRutowski Vice Chairman John Sigillito Chairman Jake Flaherty 2

3 RESOLUTION #ZBA Grzegorz Steckiewicz 56 Ridge Avenue Block 1104 / Lot 5 R-15 Zone 2 Car Garage A motion was made by Mr. Sigillito to approve the resolution, seconded by Mr. Rutowski, and carried by a roll call vote as follows: Mr. Frank Pantal eo Mr. Jeff Rutowski Vice Chairman John Sigillito Chairman Jake Flaherty APPROVAL OF MINUTES The minutes of July 17, 2018 were approved on a motion from Mr. Sigillito, seconded by Mr. Pantaleo, and carried by all members eligible to vote. BOARD DISCUSSION MEL (Municipal Excess Liability) Elected Officials Training Seminar The Board watched the Elected Officials Training Seminar. After the seminar Mr. Rupp spoke in detail on subjects that were discussed in the seminar. A discussion was had by all members present. The meeting was adjourned on a motion from Mr. Walker, seconded by Mr. Pantaleo, and carried by all. 3

4 BOROUGH OF PARK RIDGE ZONING BOARD OF ADJUSTMENT RESOLUTION ************* * * * WHEREAS, SALVA TORE PUL VIRENTI (hereinafter referred to as "Applicant"), being the owner of premises known as 160 Mountain Avenue, in the Borough of Park Ridge, County of Bergen and State of New Jersey, said premises also being known as Lot 20 in Block 701 on the Tax Assessment Map for the Borough of Park Ridge, applied to the ZONING BOARD OF ADJUSTMENT FOR THE BOROUGH OF PARK RIDGE (hereinafter referred to as "BOARD"), seeking variances from the rear yard and side yard setbacks for a proposed in-ground pool; and WHEREAS, the premises are located in an R-15 Residential Zoning District as same is defined by the Zoning Ordinance of the Borough of Park Ridge; and Wr!EREAS, the BOARD has received the exhibits and documents with respect to this application as more particularly set forth on the list attached hereto and made part hereof; and Wr!EREAS, the BOARD held a hearing in connection with the application, upon due notice as required by law, on July 17, 2018; and WHEREAS, the BOARD has carefully considered the application and all evidence and testimony submitted in connection therewith;

5 WHEREAS, the BOARD voted on July 17, 2018 to grant the aforesaid application subject to the adoption of the within memorializing resolution pursuant to N.J.S.A. 40:55D-10; NOW, THEREFORE, BE IT RESOLVED BY THE ZONING BOARD OF ADJUSTMENT FOR THE BOROUGH OF PARK RIDGE that the BOARD hereby makes the following findings of fact: 1. Applicant is the owner of premises located at 160 Mountain Avenue in the Borough of Park Ridge, containing 14,552 sq. ft. (15,000 square feet required) and having a lot depth of approximately feet (150' required) and a lot width of approximately feet (100' required), currently improved with an existing single family residential structure and patio. The existing house is located 48.7 feet from the side lot line and 39.8 feet from the rear lot line. There is an existing 6 foot high fence enclosing the rear yard running from the northeast corner of the house, along the rear lot line, along the westerly side lot line and across the side yard so as to meet the northwest corner of the house. The existing impervious surface coverage is 3,682 square feet (25.3%). 2. Applicant had previously received an approval for the construction of an above ground swimming pool on the subject premises following a public hearing on July 21, 2015 and the adoption of a resolution granting variances for rear yard and front yard setbacks. Applicant failed to obtain permits therefor and commence construction of same within one year following approval pursuant to Section of Chapter 74 of the Code of the Borough of Park Ridge and, accordingly, the prior variance approvals have expired and are no longer in effect. 2

6 3. Applicant has now applied for variances for rear yard and side yard setbacks for a proposed in-ground pool measuring 14 feet by 28 feet, surrounded by a patio measuring 22 feet by 40 feet. 4. Pursuant to Section D (1) of the Zoning Ordinance, there is a 20 foot required rear yard and side yard setback for a pool. There is also a 10 foot required setback for any accessory structure from the principal building. (Section A (1)(b)) Section D(3) provides, in part, that "The inner face of the side of all such swimming pools shall not be located less than 20 feet from any and all property lines, and any paved surfaces around the pool shall not be located less than 15 feet from all property lines. The area within the fifteen-foot setback shall be appropriately landscaped to serve as a buffer and visual screen. No part of the pool shall be nearer to any street line than the rear wall of the main building which is located nearest to the street, nor closer to the rear or side wall than the maximum depth of the pool." Section A(8)(b) provides that" all accessory equipment, including pool equipment, must be located at a minimum of 15 feet from all property lines." The maximum permitted impervious surface coverage in the R-15 Zone is 35%. 5. The proposed pool is located 14 feet from the rear and side lot lines. The patio surrounding the pool is located 10 feet from the rear and side lot lines. The proposed pool is located 13.7 feet from the existing house. The pool heater/ filter is located 15 feet from the side lot line and a least 34 feet from the rear lot line. No portion of the pool, the surrounding patio nor the pool equipment is located nearer to any street line than the 3

7 rear wall of the principal building. The proposed impervious surface coverage is 4,558 square feet (31.3%). 6. During the hearing the applicant testified that the pool cannot be located further from the rear lot line or the side lot line without blocking access to the rear yard through the gate in the fence traversing the side yard. Furthermore, the Applicant testified that the pool could not be located further to the east without exacerbating a grade differential between the existing patio and the proposed pool patio. Moreover, the Applicant testified that the pool will not be visible since it is lower than the surrounding fence. 7. The BOARD finds that by reason of the location of the existing house and patio and the non-conforming lot depth, the strict application of the Zoning Ordinance to require that the proposed pool have a rear and side yard setback of 20' and the proposed pool patio have a rear and side yard setback of 15 feet would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon the applicant. 8. Moreover, by reason that the proposed pool is lower than the surrounding fence and will not be scene from ground level, that the proposed pool and patio will comply with the impervious surface coverage limitation and that the pool heater/ filter, meetthe required side and rear yard setbacks, the BOARD finds that a decision to grant the variance to permit the proposed pool and patio to encroach into the required rear and side yard setbacks for the pool and patio will not result in any substantial detrl--nent 4

8 to the public good nor will same impair the intent and purpose of the zone plan or Zoning Ordinance of the Borough of Park Ridge. NOW, THEREFORE, BE IT RESOLVED BY THE ZONING BOARD OF ADJUSTMENT FOR THE BOROUGH OF PARK RIDGE, by virtue of the foregoing, and pursuant to the authority of N.J.S.A. 40:55D-70(c), the BOARD does hereby grant the Applicant's requested variances from the rear and side yard setback requirements so as to permit the proposed in-ground pool and pool patio, as more particularly set forth in this resolution and as shown on the plans submitted to the BOARD, subject to the Engineer's approval of the storm water and drainage calculations and drainage pit. Ayes:._1/., Nays:_.,.0--'---- Dated: f:i 5

9 EXHIBIT LIST BOROUGH OF PARK RIDGE ZONING BOARD APPLICANT: ZB ADDRESS: 160 Mountain Avenue BLOCK: 701 LOT: 20 ZONE: R-15 EXHIBIT: ITEM NO. DATE: Application 1 6/25/18 Owner's Affidavit/ Authorization 2 6/25/18 Certificate of Applicant 3 6/25/18 Tax Certification 4 6/25/18 Existing Location Survey & Proposed 5 6/25/18 Pool Plan Previous Resolution dated 9/15/15 6 6/25/18 Property Owners within 200 Feet 7 6/25/18 Proof of Publication 8 7/13/18 Certification of Service (w/receipts) 9 7/13/18 Photos of Property 10 7/17/18

10 BOROUGH OF PARK RIDGE ZONING BOARD OF ADJUSTMENT RESOLUTION *********** ** * * * WHEREAS, GRZEGORZ STECKIEWICZ(hereinafter referred to as" Applicant"), being the owner of premises known as 56 Ridge A venue, in the Borough of Park Ridge, County of Bergen and State of New Jersey, said premises also being known as Lot 5 in Block 1104 on the Tax Assessment Map for the Borough of Park Ridge, applied to the ZONING BOARD OF ADJUSTMENT FOR THE BOROUGH OF PARK RIDGE (hereinafter referred to as ;'BOARD"), seeking front yard, side yard and rear yard setbacks and building coverage variances to allow the construction of an detached garage to an existing one family residence; and WHEREAS, the premises are located in an R-15 Residential Zoning District as same is defined by the Zoning Ordinance of the Borough of Park Ridge; and WHEREAS, the BOARD has received the exhibits and documents with respect to this application as more particularly set forth on the list attached hereto and made part hereof; and WHEREAS, the BOARD held a hearing in connection with the application, upon due notice as required by law, on July 17, 2018; and WHEREAS, the BOARD has carefully considered the application and all evidence and testimony submitted in connection therewith; and

11 WHEREAS, the BOARD voted on July 17, 2018 to grant the aforesaid application subject to the adoption of the within memorializing resolution pursuant to N.J,S.A. 40:55D-10; NOW, THEREFORE, BE IT RESOLVED BY THE ZONING BOARD OF ADJUSTMENT FOR THE BOROUGH OF PARK RIDGE that the BOARD hereby makes the following findings of fact: 1. Applicant is the owner of premises located at 56 Ridge Avenue in the Borough of Park Ridge, a non-conforming rectangular shaped parcel having a lot width of 50 feet (100 feet required), a lot depth of 150 feet (150 feet required) and a lot area of 7,489 sq. ft. (15,000 square feet required), located at the corner of Ridge Avenue and North Fifth Street and currently improved with an existing single family residential structure and shed. 2. The Applicant proposes to construct a new detached garage, 12 feet in height, to the rear of the existing house which will measure 21' x 21' and contain 441 sq. ft. and will be set back 19.Sfeet from North Fifth Street, 10.0 feet from the rear property line and 10.0 feet from the side property line. The Applicant further proposed to remove the existing shed containing 140 square feet. 3. Within the R-15 One Family Residential Zoning District, the required rear yard and side yard setbacks for a detached garage are 20 feet and the required front yard setback is 30 feet. Since the property is a corner lot fronting on both Ridge Avenue and North Fifth Street, a front yard setback is required along both street frontages. The maximum building coverage permitted is 20% of the lot area. 2

12 4. The existing house, including covered porches, has a building coverage of 1,197 square feet. Total building coverage with the existing shed is 1,337 square feet representing a building coverage of 17.85% of the lot area. The removal of the shed and the addition of the new detached garage will result in a proposed building coverage of 1,638 square feet representing a building coverage of 21.87% of the lot area. 5. The Applicant testified that the proposed garage would be constructed upon a portion of the existing paved driveway area and within a portion of the area currently occupied by the existing shed. The existing paved driveway and shed would be removed. As a result, the existing impervious surface coverage of 2,482 square feet (33.14%) would be slightly reduced to 2,479 square feet (33.10%) (a maximum of 35% permitted). 6. The BOARD finds that due to the location of the existing house and an abandoned well on the site, and the non-conforming lot width, the proposed garage could not be constructed at any other location on the lot to avoid the need for variances. 7. The BOARD further finds that by reason of the location of the existing house and abandoned well, the non-conforming lot width, the non-conforming lot size and the requirement for front yard setbacks along both street frontages, the strict application of the Zoning Ordinance to require a rear yard and a side yard setback of 20 feet and a front yard setback of 30 feet for the proposed garage would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon the applicant. 8. The house on the adjoining property to the north of the rear property line of the subject property is set back from North Fifth Street a greater distance than the proposed 3

13 garage and is screened by an existing fence on the subject property and shrubbery on the adjoining property. The easterly side line of the property is screened from the adjoining property to the east by existing shrubbery on the subject property. 9. By reason that the adjoining properties to the north and east of the subject property are screened from the proposed garage and that the house to the north is substantially set back from the proposed garage, the removal of the existing shed which is currently located approximately 5 feet from the rear property line, the removal of the existing pavement which extents to approximately 3 feet of the rear property line, the slight reduction in impervious surface coverage, the provision of enclosed off-street parking and the aesthetics of the proposed garage, the BOARD finds that a decision to grant the variances from the required front, side and rear yard setback requirements and building coverage limitations so as to permit the construction of the proposed detached garage will not result in any substantial detriment to the public good nor will same impair the intent and purpose of the zone plan or Zoning Ordinance of the Borough of Park Ridge. NOW, THEREFORE, BE IT RESOLVED BY THE ZONING BOARD OF ADJUSTMENT FOR THE BOROUGH OF PARK RIDGE, by virtue of the foregoing, and pursuant to the authority of N.J.S.A. 40:55D-70(c), the BOARD does hereby grant the Applicant's requested variance from the front, side yard and rear yard setback requirements and the building coverage limitations so as to permit the proposed construction of the detached garage as more particularly set forth in this resolution and as shown on the plans submitted to the BOARD. 4

14 Ayes:_~- Nays: 0 - Dated: B 2 /-) 5 5

15 EXHIBIT LIST BOROUGH OF PARK RIDGE ZONING BOARD APPLICANT: ZB ADDRESS: 56 Ridge Ave. BLOCK: 1104 LOT: 5 ZONE: R-15 EXHIBIT: ITEM NO. DATE: Application Owner's Affidavit/ Authorization Certificate of Applicant Tax Certification Property Owners within 200 Feet Proof of Publication Certification of Service (w /Receipts) /26/18 6/26/18 6/26/18 6/26/18 7/13/18 7/13/18 7/13/18 Site Plan A-1 6 Photos of Property A-2 Survey dated 8/22/17 A-3 Site plan with hand drawn garage (to show A-4 Code compliant location for comparison) 7/17/18 7/17/18 7/17/18 7/17/18