Zoning Board of Adjustment

ZONING BOARD OF ADJUSMENTS 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 June 16, 2021 at 7:00 p.m.: For internet access: enter the following URL in your internet browser: https://teams.microsoft.com/l/meetup- join/19%3ameeting_NThjMTRkMjMtNWYyMy00ODE5LWFkOGEtNmYwMWYyNGIwYTAx%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 21-Z-1218C 1218-1220 S Clinton Avenue BL: 19203 L: 12-13-14 Business “B” Zone Appeal by Applicant Eddy Diaz 1218 S Clinton Ave Trenton New Jersey on behalf of the owner Elvin Johnson of the same address to approve a previously constructed roof over an existing deck to utilize outdoor seating/dining at a pre-existing restaurant/bar. Requesting exception to Chapter 315-117 Permitted uses in the Business “B” Zone, 315- 120 any/all Bulk Requirements and Parking if applicable under Chapter 315-100. 21-Z-1600C 1600 Calhoun Street BL: 9304 L: 8-9-10-11 Business “B” Zone 140 Kirkbride Ave Block 9304 Lot 9 139 AFT W Paul Ave Block 9304 Lot 11 Appeal by Applicant /Owner Anthony Sessa 81 Tanglewood Drive Staten Island New York 10308-1853, to reintroduce an auto repair shop, with auto sales and storage of vehicles into a previous vacated building. Requesting exception to Chapter 315-117 Permitted uses in the Business “B” Zone, 315-120 any/all Bulk Requirements 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 & ECONOMIC DEVELOPMENT- DIVISION OF PLANNING SUBJECT: THE DIVISION OF PLANNING STAFF RECOMMENDATION FOR THIS ZONING APPEAL No. 21-Z-1600C to be heard by the Zoning Board of Adjustment On Wednesday, April 21, 2021 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: Appeal by applicant proposing to reintroduce auto repair shop with auto sales and storage of vehicles into previous vacated building. Address: 1600 Calhoun Street, Trenton, NJ 08638 Appellant: Anthony Sessa 1600 Calhoun Street Trenton, NJ 08638 RECOMMENDATION OF THE DIVISION OF PLANNING: ___ We have no objection to granting this subdivision, conditional use, use variance or development plan. ___We object to granting this subdivision, conditional use, variance or development plan for the attached reasons. _X__ 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. NOTE: THE CITY OF TRENTON DIVISION OF PLANNING MAKES ONLY RECOMMENDATIONS TO PROPOSED APPLICATIONS. THIS IN NO MEANS ASSURES APPROVALS FOR APPLICATIONS SUBMITTTED FOR DEVELOPMENT. 1 DEPARTMENT OF HOUSING AND ECONOMIC DEVELOPMENT LAND USE AND ZONING SURVEY FILE: 21-Z-1600C ADDRESS: 1600 Calhoun Street Block(s): 9304 Lot(s): 8, 9, 10, 11 ACTION REQUESTED: Requesting exception to §315-117 Principal Permitted Uses, §315-120, and §315-186 Parking ZONING DISTRICT: Business B (BB) Redevelopment Area: None ______________________________________________________________ ZONING: PER ZONING ORDINANCE BUSINESS B (BB) 1. §315-117 Principal permitted uses. A. Business B Districts generally comprise retail and personal service shopping areas and are primarily designed for neighborhood shopping and business convenience. Principal buildings and other structures and uses permitted and prohibited therein shall be the same as for Business A Districts, except for the following uses which are prohibited in a Business A zoned district but shall be permitted in the Business B zoned district: a. Surface parking lots. b. Dance halls and skating rinks. c. Bowling alleys. d. Laundromats, self-service or with service attendants. B. The following uses are specifically prohibited: i. Any process of manufacture, assembly or treatment which is not clearly incidental to a retail business conducted on the premises, or which normally constitutes a nuisance by reason of odor, noise, dust or smoke, and any use prohibited in the industrial zone district. ii. Animal pounds and kennels. iii. Warehousing, lumber and outdoor storage yards. iv. Motor vehicle service stations, car washes and motor vehicle repair shops. v. Drive through establishments. vi. Billiard parlors and pool halls. vii. Auto sales and services. viii. Motels. ix. Business establishments having more than three pinball machines or mechanical or electronic amusement devices, exclusive of City licensing or Alcoholic Beverage Control Board. x. Convenience food stores over 2,000 gross square feet. 2. §315-118 Permitted accessory buildings and uses. A. Signs, in accordance with Article XXV (§ 315-191 et seq.). B. Accessory uses customarily incidental to permitted principal uses. Churches. 3. §315-119 Permitted conditional uses. a. Churches. b. Clubhouse. c. Funeral parlor. d. Schools. e. Health care facility. f. Telecommunications facilities. 2 4. §315-120 Lot size, area, yard and building requirements: Business B District Business Detached Semi- Two- Rowhouse Multifamily Mixed use Uses Unit detached family structure dwelling structure unit structure structure Min. lot area 2,000 4,000 2,500/unit 2,500/unit 1,500/unit 2,000/unit 4,000 (sf) (1st 2 units) 500/unit (addt’l units) Min. yards1 Front2, 3 Avg. or 20 Avg. or 20 Avg. or 20 Avg. or 20 Avg. or 20 Avg. or 20 Avg. or 20 Rear 20 20 20 20 20 20 20 Side (one) 04 6 6 6 ---5 0 04 (both) 04 14 -- 14 0 04 Min. lot width 20 40 25 40 15/unit 20 40 (ft) Max. bldg. 4/50 3/35 3/35 3/35 3/35 4/50 4/50 height (stories/feet) Max. lot 60% 45% 50% 50% 60% 60% 60% coverage Min. net 800/ 1,000/unit 1,000/unit 650/unit 900/unit 500/unit Residential: habitable area business 500/unit (sf) use Business: 800/business use As Per the Trenton250 Master Plan 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 maximum 1. Residential 1. Si Building Placement: 2. Local Serving Retail (less than ngle Family Detached 1. b 5,000 sqft) 2. Si uilding facades shall have no 3. Community Garden ngle Family Semi-detached setback from the street 4. Community Center / Library 3. To 5. Parks/Open space wnhome Building Frontage: 4. S 1. m mall Multi-family ixed use/commercial buildings 5. S shall have ground floor mall Mixed-Use / Live- Work commercial comprising of 25% facade transparency on the primary facade 2. at 3  least one entrance must face the primary street Parking: 1. s hall be located behind the primary street-facing building facade Street Name: 1600 Calhoun Street RECOMMENDATION: The Division of Planning Staff recommends Approval of this use variance. STAFF COMMENTS The Zoning on this property has changed several times; It was previously in the Industrial A Zone. There is no objection to the proposed use of this lot as a repair and used car lot. However, significant attention will need to be paid to landscaping and appearance of the property. This property is on the route between residential neighborhoods and the Capital City Sports Complex. This route needs to be friendly to pedestrians walking by. CONDITIONS IF APPROVED: 1. High quality fencing will need to utilized around the exterior of the property, Chain link fence is not acceptable. 2. Significant landscaping will need to be added on the perimeter of the property. A landscaping plan will be required. 3. Gravel cover cannot be maintained on the property; vehicle storage areas need to be paved. 4. Lot consolidation will be needed to effectuate this development. 5. Applicant shall return to the board for site plan review. 4  DEPARTMENT OF HOUSING AND ECONOMIC DEVELOPMENT LAND USE AND ZONING SURVEY TO: THE ZONING BOARD OF ADJUSTMENT FROM: HOUSING & ECONOMIC DEVELOPMENT- DIVISION OF PLANNING SUBJECT: THE DIVISION OF PLANNING STAFF RECOMMENDATION FOR THIS ZONING APPEAL No. 21-Z-1218C to be heard by the Zoning Board of Adjustment On Wednesday, April 21, 2021 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: Appeal by applicant proposing to approve a previously constructed roof over an existing deck to utilize outdoor seating at a previously existing restaurant/bar. Address: 1218-1220 South Clinton Ave, Trenton, NJ 08611 Appellant: Elvira Johnson 1218 S. Clinton Ave Trenton, NJ 08611 RECOMMENDATION OF THE DIVISION OF PLANNING: ___ We have no objection to granting this subdivision, conditional use, use variance or development plan. __We object to granting this subdivision, conditional use, variance or development plan for the attached reasons. _X__ 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. NOTE: THE CITY OF TRENTON DIVISION OF PLANNING MAKES ONLY RECOMMENDATIONS TO PROPOSED APPLICATIONS. THIS IN NO MEANS ASSURES APPROVALS FOR APPLICATIONS SUBMITTTED FOR DEVELOPMENT. 1 DEPARTMENT OF HOUSING AND ECONOMIC DEVELOPMENT LAND USE AND ZONING SURVEY FILE: 21-Z-1218C ADDRESS: 1218-1220 S. Clinton Ave Block(s): 19203 Lot(s): 12, 13, 14 ACTION REQUESTED: Requesting exception to §315-117 Principal permitted uses and §315-187 Parking ZONING: Business B (BB) District: Redevelopment Area: None __________________________________________________________________________________________ ZONING: PER ZONING ORDINANCE BUSINESS B (BB) 1. §315-117 Principal permitted uses. A. Business B Districts generally comprise retail and personal service shopping areas and are primarily designed for neighborhood shopping and business convenience. Principal buildings and other structures and uses permitted and prohibited therein shall be the same as for Business A Districts, except for the following uses which are prohibited in a Business A zoned district but shall be permitted in the Business B zoned district: a. Surface parking lots. b. Dance halls and skating rinks. c. Bowling alleys. d. Laundromats, self-service or with service attendants. B. The following uses are specifically prohibited: i. Any process of manufacture, assembly or treatment which is not clearly incidental to a retail business conducted on the premises, or which normally constitutes a nuisance by reason of odor, noise, dust or smoke, and any use prohibited in the industrial zone district. ii. Animal pounds and kennels. iii. Warehousing, lumber and outdoor storage yards. iv. Motor vehicle service stations, car washes and motor vehicle repair shops. v. Drive through establishments. vi. Billiard parlors and pool halls. vii. Auto sales and services. viii. Motels. ix. Business establishments having more than three pinball machines or mechanical or electronic amusement devices, exclusive of City licensing or Alcoholic Beverage Control Board. x. Convenience food stores over 2,000 gross square feet. 2. §315-118 Permitted accessory buildings and uses. A. Signs, in accordance with Article XXV (§ 315-191 et seq.). B. Accessory uses customarily incidental to permitted principal uses. Churches. 3. §315-119 Permitted conditional uses. a. Churches. b. Clubhouse. c. Funeral parlor. d. Schools. e. Health care facility. 2  f. Telecommunications facilities. 4. §315-120 Lot size, area, yard and building requirements: Business B District Business Detached Semi- Two- Rowhouse Multifamily Mixed use Uses Unit detached family structure dwelling structure unit structure structure Min. lot area 2,000 4,000 2,500/unit 2,500/unit 1,500/unit 2,000/unit 4,000 (sf) (1st 2 units) 500/unit (addt’l units) Min. yards1 Front2, 3 Avg. or 20 Avg. or 20 Avg. or 20 Avg. or 20 Avg. or 20 Avg. or 20 Avg. or 20 Rear 20 20 20 20 20 20 20 Side (one) 04 6 6 6 ---5 0 04 (both) 04 14 -- 14 0 04 Min. lot width 20 40 25 40 15/unit 20 40 (ft) Max. bldg. 4/50 3/35 3/35 3/35 3/35 4/50 4/50 height (stories/feet) Max. lot 60% 45% 50% 50% 60% 60% 60% coverage Min. net 800/ 1,000/unit 1,000/unit 650/unit 900/unit 500/unit Residential: habitable area business 500/unit (sf) use Business: 800/business use As Per the Trenton250 Master Plan 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 maximum 1. Residential 1. Single Building Placement: 2. Local Serving Retail (less than 5,000 Family Detached 1. building sqft) 2. Single facades shall have no setback 3. Community Garden Family Semi-detached from the street 4. Community Center / Library 3. Townhome 5. Parks/Open space Building Frontage: 4. Small Multi- 1. mixed family use/commercial buildings shall 5. Small have ground floor commercial Mixed-Use / Live- Work comprising of 25% facade transparency on the primary facade 3  2. at least one entrance must face the primary street Parking: 1. shall be located behind the primary street-facing building facade Street Name: 1218-1220 South Clinton Ave RECOMMENDATION: The Division of Planning Staff recommends Approval of this use variance. STAFF COMMENTS The City views the addition of outdoor dining at this location as an amenity that will help to activate the street. The NR-3 future land use for this site encourages compatible neighborhood commercial uses. Furthermore, neighboring parcels are identified as neighborhood commercial in the Master Plan, indicating that this area can reasonably be seen as a commercial strip. CONDITIONS IF APPROVED: 1. Applicant shall comply with the city code for §137-10-Noise standards and §167-2 Loud and unnecessary noises enumerated. 4