A RESOLUTION OF THE ZONING BOARD OF ADJUSTMENT OF THE BOROUGH OF HADDONFIELD GRANTING VARIANCE APPROVAL TO KENNETH AND LAUREN TOMLINSON ZBA #2016-13 A public hearing on this matter was conducted by the Board on May 17, 2016 APPLICATION NUMBER: PROPERTY ADDRESS: NAME OF APPLICANTS: OWNERS OF PROPERTY: ZBA#2016-13 81 Haddon Avenue Block 11, Lot 24 on the Tax Map Kenneth and Lauren Tomlinson Kenneth and Lauren Tomlinson DATE OF HEARING: May 17, 2016 BOARD MEMBERS PRESENT AND VOTING: APPEARANCES: Susan Baltake, Acting Chairperson Wayne Partenheimer Brian Pukenas (Alternate II) Dominic Fahey (Alternate III) Jennifer Johnson (Alternate IV) John Master, Esquire, Attorney for Applicants Thomas Wagner, Architect for Applicants Kenneth Tomlinson, Applicant Lauren Tomlinson, Applicant Todd Day, P.E., Borough Engineer Stephanie Heim, Zoning Officer & Board Secretary Francis X. Ryan, Esquire, Board Solicitor PROPERTY DESCRIPTION ZONING DISTRICT: R-2(O) LOT DIMENSIONS: 125 x 307.50 LOT AREA: 38,631 square feet Page 1 of 5
STREET FRONTAGE: 125 STRUCTURES LOCATED ON LOT: Existing two-story masonry dwelling which includes private residence and funeral home. DEVELOPMENT PROPOSAL 1. Construction of a two car garage. VARIANCES REQUESTED 1. A variance from Section 135-37B which limits certain principal uses. 2. A variance from Section 135-27D(4)(b) which limits total impervious coverage to 25% and 40.14% is proposed and 38.28% is existing. Application and supporting documents. SUBMISSIONS SUMMARY OF TESTIMONY AND EVIDENCE The attorney for the Applicant, John Master, made an initial opening statement. He identified the property as being in the R-2(O) zone and noted the property is one of only three or four properties that have that zoning. Properties across the street and on either side of this small area are all zoned either downtown or commercial zones. He noted that if this property were located in either of those zones that no variances would be required. Counsel also acknowledged that the current use was not permitted and therefore they were seeking a Section d(2) variance to allow for the expansion of a non-conforming use. The owner, Kenneth Tomlinson, was sworn and testified. He is the operator of the Hinsky-Tomlinson Funeral Home. He indicated there has been a funeral home at this site since 1955. He bought the business and property from the Hinsky s and he and his wife live on the second floor and operate their funeral services on the first floor. He testified that both of the adjoining properties, 75 Haddon Avenue and 89 Haddon Avenue are both commercial uses consisting of multiple tenants. 89 Haddon Avenue, in particular, is not only a commercial use, but also commercial in appearance. He indicated that he is probably one of the last funeral directors in the State that does not have a garage and his business has developed to the point where he needs one. He also noted that there are now only two Page 2 of 5
funeral homes in town; his and Kain s. The purpose of the garage is simply to provide some storage for his vehicles and lawn care tools as well as some inventory. All funeral related activities will continue to be conducted in the main building. He also indicates that the placement of the garage will provide some privacy for the back of the building where they have to transfer bodies from the building to a car. Currently, that is all open and people proceeding along Euclid Avenue can observe that activity. With regard to the impervious coverage issue, he indicated that the front of his property sits approximately 9 below the grade of the adjoining street and properties. His front lawn acts as a detention basin for the surrounding area. Applicant s architect, Thomas Wagner, then testified. He went over the design for the garage. It is a modest structure that will confirm with side yard setbacks and the height limitations. It will only provide storage for vehicles and other related materials and no operations will be conducted. The layout was designed so as to provide privacy for the rear of the property; to maintain the existing parking which is needed for the funeral home services and also to preserve the existing trees in the backyard. No members of the public appeared or testified. FINDINGS OF FACT AND CONCLUSIONS 1. The property in question is located in the R-2(O) zone. 2. One of the purposes of the Residential Overlay Office District is to maintain the residential character of certain areas adjacent to the central commercial area of the borough. This property does have a residential character to it and does in fact serve as the residence for the Tomlinsons. 3. The current use of the property as a funeral home has been continuous since 1955 and is a legal pre-existing, non-conforming use. 4. There are currently only two funeral homes in the borough whereas there used to be three. The Board recognized that there is a need for funeral homes and there is value to the community to have such homes and services available. 5. The proposed development and structure are in keeping with the character of the neighborhood and provide a necessary function to allow the funeral home business to continue. Granting relief will provide a benefit to the public and will not in any way impair the intent and purpose of the zoning plan and ordinance. 6. With regard to the coverage variance, the Borough Engineer reported that this particular property almost functions as a detention basin for many of the adjoining properties. Page 3 of 5
The addition of the garage and the modest increase in impervious coverage will not have an adverse effect on the property or any adjoining properties. The topography of the parcel does justify relief from the total impervious coverage limitation. 7. Strict application of the provisions of the Land Development Ordinance (LDO) would result in peculiar and exceptional difficulties which justify the granting of the requested variance, under N.J.S.A. 40:55D-70(c)(1) and (d). 8. The relief requested can be granted without violating the spirit and intent of the zoning ordinance, the zone plan and the Master Plan. 9. Due notice has been given in accordance with the Municipal Land Use Law (N.J.S.A. 40:55D-1 et. seq.) and the rules of the Board of Adjustment. RESOLUTION NOW, THEREFORE, BE IT RESOLVED, by the Zoning Board of Adjustment of the Borough of Haddonfield, that subject to the conditions noted below, a variance be granted, pursuant to N.J.S.A. 40:55D-70(c)(1) and (d) to allow the proposed development. CONDITIONS OF APPROVAL 1. The development approved by this resolution must comply with the plans and specifications submitted with this application. 2. Applicant must comply with all other applicable ordinances and codes including but not limited to Shade Tree Ordinance, and all water management requirements. Motion by: Partenheimer; seconded by Fahey Board members voting to grant the requested variances: Baltake, Partenheimer, Pukenas, Fahey and Johnson. Board members voting to deny the requested variances: None CERTIFICATION I hereby certify that the foregoing is a true, accurate, and complete copy of the resolution of memorialization adopted by the Zoning Board at its regular monthly meeting on Page 4 of 5
June 21, 2016, memorializing action taken by the Zoning Board on May 17, 2015. Stephanie Heim, Board Secretary Page 5 of 5