ZONING BOARD OF ADJUSTMENT ANNUAL REPORT. Cherry Hill Township Department of Community Development

Transcription

1 ZONING BOARD OF ADJUSTMENT ANNUAL REPORT 2016 Cherry Hill Township Department of Community Development

2 ZONING BOARD OF ADJUSTMENT MEMBERS January 1, 2016 to December 31, 2016 Jonathan Rardin, Esq., Chairperson Farhat Biviji, Vice Chairperson Ivy Rovner Wyatt Sklar Daniel DiRenzo, Jr. Bruce Schwartz Larry Terry, Sr. Nacovin Norman, Alternate #1 Jeff Potter, Alternate #2 Farhat Biviji, Resigned effective December 31, 2016 ZONING BOARD OF ADJUSTMENT PROFESSIONALS January 1, 2016 to December 31, 2016 Allen S. Zeller, Esq., Zoning Board of Adjustment Solicitor, Zeller & Wieliczko, LLP Cosmas Diamantis, Esq. Zoning Board of Adjustment Alternate Solicitor, Zeller & Wieliczko, LLP Christopher Noll, PE, PP, CME, Zoning Board of Adjustment Engineer, Environmental Resolutions, Inc. (ERI) Stacey Arcari, PE, PP, CME, PTOE, Zoning Board of Adjustment Engineer, Environmental Resolutions, Inc. (ERI) CHERRY HILL TOWNSHIP DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF Paul Stridick, AIA, Secretary/Director of Community Development Lorissa Luciani, PP, AICP, Deputy Director Jacob Richman, PP, AICP, Alternate Secretary/Planner page 1

3 INTRODUCTION The New Jersey Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-70.1, requires that the Zoning Board of Adjustment, shall, at least once a year, review its decisions on applications and appeals for variances and prepare and adopt by Resolution a report on its findings on zoning ordinance provisions which were the subject of variance requests and its recommendations for zoning ordinance amendment or revision, if any. The Zoning Board of Adjustment shall send copies of the report and Resolution to the Governing Body and Planning Board. This report summarizes the activity of the Zoning Board from January 1, 2016 through December 31, 2016, and presents its findings on applications and appeals of the Zoning Ordinance provisions, which included variance requests and site planning. HISTORY The Cherry Hill Township Zoning Board of Adjustment met thirteen (13) times from January 21, 2016 to December 15, 2016, which included ten (10) applications that were heard with a rendered decision (see Appendix A: Zoning Board Decisions). The applications were geographically distributed throughout the Township (see Appendix D: 2016 Zoning Board Applications Map). One hundred (100%) percent of the use (D) variance requests involved properties located along County Roadways or State Highways, an increase from fifty (60%) percent of similar projects from the previous year. For three (3) consecutive years, the Township has experienced an increase of use (D) variance requests for properties located along County and/or State Highways. As many applications involved more than one request, a total of twenty-one (21) requests were made before the Zoning Board of Adjustment. There were more bulk (C) requests than use (D) variance requests sought (due mainly in part to applicant s requesting multiple bulk variances) as shown in Chart 1: Application Distribution. Overall, there were fourteen (14) requests for bulk (C) variances and four (4) requests for use (D) variances, which constituted approximately eighty-six (86%) percent of all requests made to the board. CHART 1: APPLICATION DISTRIBUTION MAJOR SITE PLAN 9% SITE PLAN WAIVER 5% BULK (C) VARIANCE USE (D) VARIANCE USE (D) VARIANCE 19% BULK (C) VARIANCE 67% MAJOR SITE PLAN SITE PLAN WAIVER page 2

4 DISCUSSION OF DECISIONS The Zoning Board of Adjustment approved one hundred (100%) percent of the requests made. To better understand the decisions of the Board, the types of applications are discussed below in greater detail. A full list of applications heard by the Board is included as Appendix A. TABLE 1: TYPES OF DECISIONS Type of Decision Total Denied Withdrawn Appeal Interpretation Request for Extension Certificate of Nonconformity Board applications Relief of Condition Res Judicata Bulk (100%) 0 0 Use 4 4 (100%) 0 0 Subdivision Minor Site Plan Major Site Plan 2 2 (100%) 0 0 Site Plan Waiver 1 1 (100%) 0 0 Amended Site Plan Total (100%) 0 0 APPEALS No appeals of the administrative officer were heard before the board this year. INTERPRETATIONS No interpretations were heard before the board this year. Interpretations are generally not requested or recommended due to their impact on the entire township, rather than a specific property. Use variance requests are generally recommended as an alternative to interpretation requests. The general exceptions to this are interpretation requests involving the interpretation of Resolutions of previous Zoning or Planning BULK (C) VARIANCES ONLY Bulk (C) variances have been divided into two (2) general categories Residential and Non-Residential. A total of fourteen (14) bulk (C) variance requests were heard by the Board divided among ten (10) applications. All bulk (C) variance requests heard by the Board were subsequently granted. As compared to the previous year, the nature of the variance requests changed in that residential bulk variances requests increased moderately, making up fifty-seven (57%) percent of the overall bulk variance requests (up from 46%) as compared to non-residential variances which accounted for fortythree (43%) percent of the overall bulk variance requests. Bulk (C) sign variances continue to constitute the most common requested relief for non-residential properties. A majority bulk signage variances requests were in conjunction with Preliminary & Final Major Site Plan approvals. It should be noted that signage relief requests are primarily sent to the Planning Board in conjunction with a site plan waiver; however, in cases where there is a use (D) variance request, associated signage requests remain under page 3

5 the jurisdiction of the Zoning Board of Adjustment. It should be noted, that six (6) of the fourteen (14) total bulk (C) variance requests were in conjunction with a bifurcated preliminary and final major site plan application for the construction of a model home and showroom for Schaeffer Family Trust (Application #14-Z-0038). The six (6) bulk (C) variances, which were the only non-residential bulk (C) variances requested, were related to signage, parking setbacks, and building setback relief requests. Unlike the previous year where setback bulk (C) variances were the most requested, residential bulk (C) variance requests varied amongst signage, lot coverage, additional accessory structures, and fences. Much of this relief was generally in conjunction with homeowners looking to improve their property through various upgrades to their homes. It shall be noted that no requests for bulk (C) variances were denied or withdrawn, whereas in previous years there have been applications where the applicant has withdrawn and/or the Board denied such requests due to the legal justification for granting such bulk (C) variances not being met. The breakdown of the bulk (C) variance requests are included in Table 2: Bulk s. TABLE 2: BULK VARIANCES 2016 Residential Non-Residential Signage 2 Signage 3 Lot Coverage 1 Parking/Buffer 2 Accessory Structures (Garage) 2 Accessory Structure Height 1 Addition/Setback 2 Fence 1 TOTAL 8 TOTAL 6 Additionally, all of the bulk (C) variance requests for non-residential purposes were in conjunction with prior or current use variance requests where the Zoning Board has exclusive jurisdiction. In this year s particular case, the applicant, Schaeffer Family Trust (Application #14-Z-0038), had received use (D) variance approval to permit a model home and then returned to the Zoning Board for their site plan approval. A full list of bulk (C) variances is included in Appendix B: Bulk (C) s. USE (D) VARIANCES Use variances are potentially the most significant decisions that the Board can make. In reviewing the requests for use variances, the Board heard four (4) Use (D) variance applications, where five (5) were heard in The use variance applications were specific to use changes on particular parcels. A recitation of those use variances is as follows: 1. An animal physical therapy and rehabilitation clinic was granted permission in the O1 zone; 2. An information technology and computer repair shop was granted permission in the O1 zone; 3. An identification sign for a law office related home occupation was granted permission (Use d(3)) in the R2 zone; and 4. A coffee storage silo addition of 79.5 in from grade level was granted a variance (Use d(6)) in the IR zone. page 4

6 The overall amount of use variance requests were similar in number to those use (D) variances heard in 2015 (5) and 2014 (4); however, these numbers are significantly lower as compared to twelve (12) that were heard in 2013 and eighteen (18) heard in Table 3: Use Applications lists the use variances heard by the Board this year. Full descriptions of the variance applications are included in Appendix C: Use (D) s. TABLE 3: USE VARIANCE APPLICATIONS Location Zone Description of Proposed Use Decision 1886 Greentree Road O1 A Use d(1) to convert a vacant onestory office building into a veterinary clinic specializing in animal physical and rehabilitative therapies with no overnight boarding or kenneling. No site improvements are proposed Greentree Road O1 Use d(1) to convert a vacant twostory office building into an information technology services and repair shop Haddonfield-Berlin Road R2 Use (D)3 and bulk (C) variances to permit a home occupation (law office) to construct a four (4 ) foot tall, approximately 6.35 SF freestanding identification sign, and a 12 X 24 rear yard shed Haddonfield-Berlin Road IR/IR- RB Site plan waiver with a use D(6) variance to construct a coffee storage silo addition, measuring 79.5 in height from grade level, to the existing roaster building at Melitta USA, Inc. CERTIFICATES OF NON-CONFORMITY No requests were made this year for certificates of Non-Conformity. SPECIAL QUESTIONS From NJS 40:55D-76b: The ZBA "shall have power to grant, to the same extent as the planning board, subdivision or site plan approval pursuant to article 6 of this act or conditional use approval pursuant to section 54 of this act, whenever the proposed development requires approval by the board of adjustment of a variance pursuant to subsection d. of section 57 of this act." In 2016, the Zoning Board of Adjustment heard two (2) requests for Major Site Plan approval, which was the same as in Of note is that both requests were bifurcated in order to seek use (D) variance approval before seeking major site plan approval. The first request was related to the construction of page 5

7 152 apartments consisting of seventy-two (72) stacked flats and eighty (80) garden apartments for Cherrydale Development Partners, LLC (Application 12-Z-0025). The other request was related to the construction of a model home and showroom for Schaeffer Family Trust (Application 14-Z-0038). RECOMMENDATIONS 1. Although there were eight (8) residential bulk variances heard by the Board, with all eight (8) requests being granted, there are no specific recommendations for further revisions to the Zoning Ordinance due to the fact that the majority of these variances are largely due to homeowners seeking to improve their properties and remain living within Cherry Hill Township. They should continue to be treated on a case by case basis without effectuating zone-wide bulk standard changes. 2. Consideration should be given to amend the conditional use standards as they relate to motel, hotel, and other similar uses in the B2 zone in regard to standard room size. Trends in the hospitality sector are leading to smaller efficiency style rooms that are generally smaller than the 350 SF minimum room size as required in the Zoning Ordinance. The minimum standard room size to permit kitchenettes should also be considered for a revision. Research as to whether a more appropriate room size is necessary should be explored. 3. The Department of Community Development continues to receive applications regarding restrictions on fence heights in secondary front yards for corner properties, which is currently restricted to 3 in height in the front and secondary front yards. The Department should explore alternatives, in conjunction with the Planning Board and Township Council, to varying heights so long as it does not present a safety issue regarding access and sight triangles as alternatives to petitions of appeals (POAs) to the Zoning Board of Adjustment. 4. As seen in with Haven Animal Vet (Application #16-Z-0008), there is an ambiguity regarding the issue of kennels and/or boarding of animals outside of traditional veterinary hospital. Currently, the Zoning Ordinance does not provide specific definitions for this use, and without an interpretation by the Zoning Board of Adjustment, it is unknown as to whether or not a kennel would be perceived as a similar use to an animal hospital per the specific provisions of the Zoning Ordinance. Clarification should be given as to whether or not the Zoning Ordinance is intended to permit kennels as a similar use or not in zones throughout the Township. 5. There are no other recommended changes to the Zoning Ordinance at this time. This Annual Report and the recommendations contained within are intended to represent both quantitative and qualitative summaries of the Cherry Hill Township Zoning Board of Adjustment s actions taken over the inclusive time period. Please provide any additional recommendations for Zoning Ordinance revision, based on the information presented above, and the experiences of the Zoning Board of Adjustment in this past year. Additionally, any comments regarding the Department of Community Development s recommendations and analysis should be provided to Department staff. page 6

8 Appendix A ZONING BOARD DECISIONS

9 APPENDIX A: ZONING BOARD DECISIONS Hearing Date POA # January 21, 2016 through December 15, 2016 Applicant Address Block Lot Zone Relief Decision Description Relief Sought 1/21/16 - Reorganization Only 2/4/ CANCELLED 2/18/16 - CANCELLED 3/3/16 - CANCELLED 3/17/ Z-0025 Cherrydale Development Partners, LLC 1350 Brace Road & 9 B2 Preliminary & Final Major Site Plan Preliminary and Final Major Site Plan to construct 152 luxury apartments consisting of 72 stacked flats and 80 No s garden apartments (with 23 affordable units) and various site improvements. 4/7/16 - Reslutions Only 4/21/16 - CANCELLED 16-Z-0007 Eric Mathiesen 127 Belle Arbor Drive R2 Bulk (C) A Bulk (C) to convert an existing attached garage into a family room and to construct a 12 x 26 x 11.5 attached single-car garage addition within the side yard setback. 405.D; 431.C.8 5/5/ Z-0008 Haven Animal Health Services 1886 Greentree Road O1 Use d(1) A Use d(1) to convert a vacant one-story office building into a veterinary clinic specializing in animal physical and rehabilitative therapies with no overnight boarding or kenneling. No site improvements are proposed. 411.B.8 5/19/ Z Z-0014 John Panebianco Pei So Wang 10 Aaron Court 1868 Greentree Road R O1 Bulk (C) Use d(1) 6/2/16 - CANCELLED 6/16/16 - Resolutions Only Bulk (C) to construct a 140 SF breakfast nook/sunroom addition within the rear yard setback. Use d(1) to convert a vacant two-story office building into an information technology services and repair shop. 405.D 411.B

10 Appendix B BULK (C) VARIANCES

11 APPENDIX B: BULK (C) VARIANCES January 21, 2016 through December 15, 2016 No. POA Applicant Address Block Lot Zone Relief Decision Description Relief Sought 1 16-Z-0007 Eric Mathiesen 127 Belle Arbor Drive R2 Bulk (C) Bulk (C) to convert an existing attached garage into a family room and to construct a 12 x 26 x 11.5 attached single-car garage addition within the side yard setback. 405.D; 431.C Z-0011 John Panebianco 10 Aaron Court R2 Bulk (C) Bulk (C) to construct a 140 SF breakfast nook/sunroom addition within the rear yard setback. 405.D 3 16-Z-0017 Craig H. Taylor Holdings, LLC 725 Cooper Landing Road R2 Bulk (C) Bulk (C) variance to construct a new two-story singlefamily dwelling and various site improvements on a preexisting undersized lot, which requires a setback variance. 405.D 4 16-Z-0005 Jeffrey Pooner 1813 Haddonfield- Berlin Road R2 Use d(3) & Bulk (C) Use (D)3 and bulk (C) variances to permit a home occupation (law office) to construct a four (4 ) foot tall, approximately 6.35 SF freestanding identification sign, and a 12 X 24 rear yard shed. 405.D; 517.C.2.b; 517.C.2.d; 517.F Z-0038 Schaeffer Family Trust 42 Haddonfield- Berlin Road R2 Preliminary & Final Major Site Plan and Bulk (C) s Bifurcated Preliminary and Final Major Site Plan with Bulk (C) variances application to demolish a vacant single family home and construct a model home with a faux detached 3-car garage that will be used as the Schaeffer Homes showroom/office space. 405.D; 508.F.3; 511.H.2.a; 517.C.2.b; 517.C.2.d.ii; 517.F Z-0037 John Berrigan 1133 Winding Drive RA Bulk (C) A bulk (C) variance to erect a six foot (6 ) high aluminum fence enclosure and automatic gate in the front yard, where fences shall be no taller than three feet (3') in height in the front yard. 506.A.1.b.i

12 Appendix C USE (D) VARIANCES

13 APPENDIX C: USE (D) VARIANCES January 21, 2016 through December 15, 2016 No. POA Applicant Address Block Lot Zone Relief Decision Description Relief Sought 1 16-Z-0008 Haven Animal Health Services 1886 Greentree Road O1 Use d(1) A Use d(1) to convert a vacant onestory office building into a veterinary clinic specializing in animal physical and rehabilitative therapies with no overnight boarding or kenneling. No site improvements are proposed. 411.B Z-0014 Pei So Wang 1868 Greentree Road O1 Use d(1) Use d(1) to convert a vacant twostory office building into an information technology services and repair shop. 411.B 3 16-Z-0005 Jeffrey Pooner 1813 Haddonfield-Berlin Road R2 Use d(3) & Bulk (C) Use (D)3 and bulk (C) variances to permit a home occupation (law office) to construct a four (4 ) foot tall, approximately 6.35 SF freestanding identification sign, and a 12 X 24 rear yard shed. 405.D; 517.C.2.b; 517.C.2.d; 517.F Z-0023 European Coffee Classics, Inc Haddonfield-Berlin Road IR/IR- RB Site Plan Waiver & Use d(6) Site plan waiver with a use D(6) variance to construct a coffee storage silo addition, measuring 79.5 in height from grade level, to the existing roaster building at Melitta USA, Inc. 419.E.1

14 Appendix D 2016 ZONING BOARD APPLICATIONS MAP

15 2016 ANNUAL REPORT JOHN PANEBIANCO s CRAIG TAYLOR HOLDINGS ERIC MATHIESEN SCHAEFFER FAMILY TRUST CHERRYDALE PARTNERS PEI SO WANG HAVEN ANIMAL HEALTH SERVICES EUROPEAN COFFEE CLASSICS JEFFREY POONER LEGEND Bulk C Use D Use D & Bulk C Prelminary & Final Major Site Plan Prelminary & Final Major Site Plan & Bulk C JOHN BERRIGAN

16 Appendix E 2016 ZONING BOARD ANNUAL REPORT ADOPTING RESOLUTION

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