Zoning Board of Adjustment

CITY OF TRENTON The following appeals from the refusal of the Building Inspector to grant a permit shall be heard at the regular meeting of the Zoning Board of Adjustment on August 19, 2020 at 7:00 p.m.: 1) For internet access: enter the following URL in your internet browser: https://teams.microsoft.com/l/meetup- join/19%3ameeting_YWE4MzRmMDAtOTQ4ZC00ZjBjLTlkNzQtNmIxNjlkYmMyOTRj%40thread.v2/0?context=%7b%22Tid%22 %3a%22f86c5221-bbd6-4070-b193-55d36a0de932%22%2c%22Oid%22%3a%22001a9d24-1532-4fb4-9bde- b761bed214fa%22%7d) The Microsoft Teams Meeting program will download and automatically open to the meeting. You will be prompted to enter your name and to set your audio and video features. You may select whether or not you want video and audio of the meeting turned on or off. 2) For dial-in access: Call 609-453-2732. When prompted, enter the conference id number: 412 046 968#. You will be prompted to speak you name before entering the meeting. Follow the prompts. Due to Covid-19 Protocols for Electronic Meetings before the Planning Board/Zoning Board of the City of Trenton adheres as follows; the applicant has the right to carry the hearing until a time when we may resume our physical meetings in the City of Trenton Council Chambers where case hearings are heard. The meetings are proceeding under the guidelines provided by Department of Community Affairs (DCA) and Electronic Meeting protocols have been promulgated pursuant to the DCA directive and have not been statutorily adopted or upheld by the Superior Court Division’s Guidance for Remote Public Meetings and the Board cannot provide legal advice as to whether the guidelines and the notice provisions provided therein will be sustainable upon challenge in the Superior Court. The Board will consider the applicant may present reasonable suggestions and requests for accommodation as and that all such requests will be considered in light of providing access to the public, clarity, and coordination of presentation, and preservation of the due process rights of all parties to be heard and participate in the public hearing. CARRIED E-83991 1315 W State Street BL: 32601 L: 1 Residential “B” Zone Appeal by Attorney Jeffery M. Hall Esq., 101 Grovers Mill Road Suite # 200 Lawrenceville New Jersey 08648 on behalf of the owner 1315 WSS Holdings, LLC, on the amended application of the undersigned for a (d) variance for an expansion of a legal non-conforming use so as to permit the Applicant to convert the ground floor formally used for non-residential purposes to five (5) apartment units (2 – 1 bedroom apartments and 3 – 2 bedroom apartments) in a seven (7) story 36-unitapartment building (12 – existing 1 bedroom, 12 – existing 2 bedroom and 12 – existing 3 bedroom apartments). The Applicant is also requesting the following bulk variances: Parking - 61 spaces required, 44 spaces provided. Applicant also seeks waivers from the Site Plan Checklist for: 1) Contours as shown on the USGS topographical maps; 2) Location and specie associations of all existing individual or groups of trees having a caliper of eight inches or more as measured three feet above the ground level on portions of the project site that are proposed to be disturbed; and 3) Existing and proposed contours with intervals of five feet. All contour information shall refer to a known datum. Existing contours shall be shown as a dashed line; finished grades shall be shown as a solid line; and such other variances and/or waivers and/or exceptions as may be required. Approval of the Application will permit the Applicant to use the ground floor former offices located in the seven (7) story office and multi-family apartment building on Block 32601, Lot 1 (otherwise known as 1315 W. State Street) for five (5) additional apartments. The property is located in the Residence B (RB) zone and is presently a legal nonconforming use  NEW 20-Z-939GR 939 Greenwood Avenue BL: 27901 L: 8 Residential B-2 Zone Appeal by Applicant/Owner Shiv Vangala of Vangala Investments, LLC 10 Merion Ct Monroe New Jersey 08831 to change a two-family dwelling unit (pre-existing nonconforming use) into five dwelling units. Requesting exception to Chapter 315-91 Use, with any/all Bulk Requirements 315-94 (refer to Chapter 315-99 and Parking if applicable Chapter 315-95. 20-Z-312BE 312 Bellevue Avenue BL: 4601 L: 14 Residential B Zone Appeal by Attorney Martin J. Jennings Jr. ESQ.2109 Pennington Rd N Trenton New Jersey 08638 on behalf of the Owner/Applicant Zarrina to convert a single-family dwelling unit into a two-family dwelling unit. Requesting exception to Chapter 315-96 Use, with any/all Bulk Requirements 315-99 and Parking if applicable under Chapter 315-100. The City of Trenton Zoning Board of Appeals is held remotely by information stated below. Due to Covid-19, plans and applications are available for inspection by APPOINTMENT ONLY. You can make an appointment by calling 609-989-3507. To view site plans and other related information, you can visit the City of Trenton web site at: https://www.trentonnj.org/617/Zoning -Board  DEPARTMENT OF HOUSING AND ECONOMIC DEVELOPMENT LAND USE AND ZONING SURVEY TO: THE ZONING BOARD OF ADJUSTMENT FROM: HOUSING AND ECONOMIC DEVELOPMENT- DIVISION OF PLANNING SUBJECT: THE DIVISION OF PLANNING STAFF RECOMMENDATION FOR THIS ZONING APPEAL No. E-83991 to be heard by the Zoning Board of Adjustment On Wednesday July 15, 2020; CARRIED FROM Wednesday June 17, 2020 re- scheduled due to Covid-19 from Wednesday, May 20, 2020 meeting cancelled for April and this case was carried from Wednesday, March 18, 2020 Carried from-Wednesday February 19, 2020-Postponed and Carried from Wednesday November 20, 2019 The following appeal to the Zoning Board of Adjustment resulting from a refusal of the building inspector to grant a permit has been reviewed by the Division staff. From a planning viewpoint, the Division’s evaluation is indicated in the appropriate space below. Description: Applicant seeks to add six apartments on ground floor of a seven-story apartment building. Ground floor was used for offices and had been vacant for many years. Address: 1315 West State Street Appellant(s): 1315 WSS Holding LLC 915 Bennetts Mills Rd. #1102 Jackson, NJ 08527 RECOMMENDATION OF THE DIVISION OF PLANNING: ___ We have no objection to granting this subdivision, conditional use, use variance or development plan. _X__ We object to granting this subdivision, conditional use, variance or development plan for the attached reasons. _ __ We have no objection to granting this subdivision, conditional use, variance or development plan, but recommend that the attached conditions be imposed. _X_ Recommendations attached if Approved…. 1 NOTE: THE CITY OF TRENTON DIVISION OF PLANNING MAKES ONLY RECOMMENDATIONS TO PROPOSED APPLICATIONS. THIS IN NO MEANS ASSURES APPROVALS FOR APPLICATIONS SUBMITTED FOR DEVELOPMENT. DEPARTMENT OF HOUSING AND ECONOMIC DEVELOPMENT LAND USE AND ZONING SURVEY FILE: E-83991 ADDRESS: 1315 West State Street - Trenton, NJ Block(s): 32601 Lot(s): 1 ACTION REQUESTED: Granting an exception for a USE VARIANCE and EXPANSION OF NON-CONFORMANCE USE ZONING: Residential (RB) §315-95/96 USE Waiver of Site Plan§315-60 §315-100 General Requirements ______________________________________________________________________________ ZONING STANDARDS: Article XIV A. Principal Permitted Uses: 315-96 1. Detached single-family dwelling units 2. Semidetached single-family dwelling units 3. Row house dwelling units B. 315-99 Lot Size, Area, Yard and Building Requirements Residence B. District Detached Semidetached Row House Unit Unit Structure Minimum lot area (square feet) 4,000 2,500/unit 1,500/unit Minimum yards ¹ Front² Average Average Average setback setback or 20 setback or 20 or 20 Rear 35 35 35 Side: • One 63 6 ---³ • Both 14 --- ---³ Minimum Lot Width (feet) 40 25/unit 15/unit Maximum Building Height 3/35 3/35 3/35 (stories/feet) Maximum Lot Coverage 45% 50% 50% Minimum net habitable floor area (square feet) 1,200 1,000/unit 900/unit 2 Neighborhood Residential High Density (NR-3) The Neighborhood Residential High Density (NR-3) zone covers high-density residential areas. Neighborhood densities range from 15 to 40 units/acre, although some larger lot homes do exist. However, this density primarily results from the prevalence of single-family housing (whether semi-attached or attached) on small lots, although multi-family apartment buildings should be permitted on a conditional basis. Adjoining buildings, whether semi-attached or attached, should continue to be predominant. Housing within this zone should have little to no setback; setbacks for new development should be no further than the median setback on the block to minimize setback variation. In addition to residential uses, the NR-3 zone typically contains small neighborhood serving commercial uses within clusters along corridors or intersections. To promote the community character and vibrancy that current exists, commercial uses of 5,000 gross leasable square feet or smaller should be permitted by right in the zone. Complete sidewalk networks should exist within the NR-3 zone, and accommodations should be made for multi-modal transportation options, such as bike lanes. Parking within the NR-3 zone can be accommodated through driveways on non-primary facades; multi-family structures that require surface parking lots must locate parking in the rear of the building. Appropriate Land Uses General Design Building Types Character Building Height: 3 stories Residential maximum Single Family Local Serving Retail (less than 5,000 sqft) Building P lacem ent: Detached Community Garden building facades shall Single Family Semi- Community Center / Library have no setback from the street detached Parks/Open space Townhome Building Frontage: Small Multi-family Small Mixed-Use / mixed Live- Work use/commercial buildings shall have ground floor commercial comprising of 25% facade transparency on the primary facade at least one entrance must face the primary street P arking: shall be located behind the primary street-facing building facade 1315 West State Street- The listed are previous recommendations. Please see highlighted changes in yellow. AMENDED PLANS ARE ATTACHED TO THIS REPORT. Recommendation: The Division of Planning staff recommends Denial of this use variance. This expansion of a non-conforming use is prohibited within the RB zone. As noted on the plans the outer perimeters of each unit are measured but the question is; at what scale is the layout, this will assure that the units meet the required regulatory size for each unit. According to Zoning Ordinance MU and all BA/BB zones requires 2000sqft for first 2 units and 500sqft for any additional units, therefore, the plans should reflect those dimensions. Also, the applicant should take particular care in presenting the property management and maintenance of the site to ensure that the introduction of extra residential units do not negatively influence neighboring units. If the board approves this application planning staff suggest that they meet the following conditions. STAFF RECCOMENDED CONDITIONS FOR APPROVAL and for consideration: 3  1. The Applicant shall submit a sealed certified property survey. 2. The Applicant shall re-submit sealed architectural layout for entire floor and for each unit- Applicant submitted sealed copies March 3, 2020 3. The Applicant shall explain the mobility of each unit. 4. The Applicant shall explain light and air quality for each unit 5. The applicant shall discuss the floor plan and specify the total net habitable space in each apartment unit. 6. The applicant shall discuss the property management of the site, including exterior building and site maintenance, snow removal and safety of tenants. 7. The applicant shall discuss the management of refuse, including the exterior storage of tenant’s garbage. 8. The applicant shall discuss plans to upgrade the façade of the building, including paint, exterior fixtures, windows, shutters, landscaping and lighting, if any. 9. With this increase of units there is a greater intense usage on utilities, applicant shall return for Pre and Final Site plan. 10. The applicant shall adhere to all the requirements of the Departments of Inspections for Landlords, including registering as a City of Trenton Landlord and receiving a Certificate of Occupancy. AMENDED CONDITIONS: After considering the changes made to the prior application, Staff APPROVES this USE and request the applicant return for Preliminary and Final Site Plan. It is also suggesting that the board not waive the Applicants request from Site Plan checklist which are referenced to contours and this be subject to Site Plan review. 4