City Council

A Special Meeting of the City Council of the City of Hackensack was held at City Hall, 65 Central Avenue, Hackensack, New Jersey, on Monday, September 10, 1990. The Mayor called the meeting to order at 8:15 P. M. and asked City Clerk to call the coll. Pcesent: Mayoc John F. Zisa, Councilmen Mauro Mecca, Mark A. Stein and Roger B. Mattei, City Attorney Richard E. Salkin City Manager James s. Lacava and City Clerk Doris L. Dukes. Absent - Deputy Mayor Sandra A. Robinson I Mrs. Dukes: "In accordance with the Open Public Meetings Act, Chapter 231, Laws of 1975, adequate notice to this meeting was provided by sending a notice to the Recocd and by posting a copy of same on the Bulletin Board in City Hall". The City Attorney briefly explained to the members of Council why the hearing scheduled is not being held. The applicant, St. Francis Sports Club was advised that they needed a use variance which was erroneous. The ordinance does not require a variance at all. He said he notified the Appellant, Juan Moussou' s lawyer, Mr. Cac 1 W. Onda of this matter. Last Thursday, Mr. Moussou notified him that he would not appear this evening. A resolution has been prepared remanding the matter back to the Board of Adjustment to straighten it out. Resolution #332 OFFERED BY: Stein SECONDED BY: Mecca WHEREAS, the Zoning Board of Adjustment of the City of Hackensack did, by Resolution dated June 20, 1990, purport to approve an application for a use variance entitled In Re: The Application of St. Fcancis Sports Club for a use Variance No. 15-90; and WHEREAS, subsequent to publication of the aforementioned resolution, a notice of appeal of the approval of the use variance was I duly and timely filed with the City Clerk of the City of Hackensack, pursuant to the provisions of Hackensack Ordinance-No. 23-89, by Juan J. Moussou, a City Resident; and WHEREAS, pursuant to said ordinance and NJSA 40:550-17, a hearing de novo was scheduled before the Mayor and Council of the City of Hackensack on September 10, 1990; and WHEREAS, the Mayor and Council reviewed the transcript of the May 16, 1990 hearing of the application before the Zoning Board of Adjustment, as well as the Zoning Ordinances of the City of Hackensack, particularly noting the provisions of "Pact 3, Schedule of District Regulations", incorporated by reference into 175-8 of the Code of the City of Hackensack, New Jersey; and WHEREAS, the subject property is commonly known as 155 Old Hoboken Road, Hackensack, N. J., and is located in an M-1 Zone; and WHEREAS, "Part 3 of the Schedule of District Regulations'' of the Zoning Ordinances of the City of Hackensack specifically provides that a "club, lodge, meeting hall oc social recreation building" is a permitted use in an M-1 zone; and WHEREAS, it is the 'conclusion and finding of the Mayor and I Council that the subject application was erroneously treated as an application fora use variance by the Zoning Board of Adjustment, when, in fact, no such variance was required by City Ordinance; and WHEREAS, in view of such circumstance, the Mayor and Council can neither affirm nor reverse the resolution of the Zoning Board of Adjustment purportedly granting a use variance; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Hackenack as follows: l. The within matter be and hereby is remanded to the Zoning Board of Adjustment, pursuant to NJSA 40:55D-l7d for further proceedings and actions consistent with this resolution; 2. The Zoning Board of Adjustment is strongly urged to expedite rhP ni�nosition of this matter;  3. Such expedited disposition should include, but not be limited to, the consideration of a resolution which rescinds the resolution of June 20, 1990 and treats the application as an appeal from a decision of the Zoning Officer, pursuant to NJSA 40:55D-70a. Roll Call: Ayes - Mecca, Stein, Mattei and Zisa. Absent - Robinson Motion offered by Mattei, seconded by Stein that the meeting be ad j ourned. ( 8:30 P. M. ) Carried. t ABSENT ATTEST: t I