Zoning Board of Adjustment

ZONING CASES 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 March 23, 2022, 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. 21-Z-111WP 111 W Paul Avenue BL: 09304 L: 18 Business “B” Zone Appeal by Project Manager Lencio Vazquez of JAG Resources on behalf of Owner/Applicant Ersenia Garcia & Marlond Sandaval of 840 Melrose Avenue Trenton New Jersey,08629, Owner proposes to change the use of the former/vacated House of Worship into a mechanical garage. The Applicant (a Certified Mechanic) will use the structure for minor auto maintenance, which would include replacement of electrical components, alternators, starters, batteries, tune-ups, and oil changes. Major repairs will be referred out. Structural modifications are to create an opening for a garage bay entry and relocation of the front door with installation of two lifts. Requesting exception to Chapter 315-117 Use with any/all Bulk Requirements (315-120 thru 121 Parking) if applicable. 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 under Zoning Board 3/23/2022.  City of Trenton Department of Housing and Economic Development – Division of Planning MEMORANDUM DATE: 02/09/2022 TO: Planning Board Members FROM: Michael Kolber, AICP, PP, Senior Planner RE: Case 21-Z-111WP 111 West Paul Avenue Block(s): 9304, Lot(s): 16, 17, 18 D(1) Use Variance and Sign Variance Staff Comments APPLICANT Ersenia Garcia and Marlon Sandaval 840 Melrose Avenue Trenton, NJ 08629 SCHEDULED HEARING DATE: February 16, 2021 APPLICATION SUMMARY Applicant/Owner seeks D(1) Use Variance and Sign Variance to reuse a vacated building as a mechanical garage. Last known use is as a house of worship. The applicant will use the structure for minor auto maintenance, which would include replacement of electrical components, alternators, starters, batteries, tune-ups, and oil changes. Major repairs will be referred out. Structural modifications are to create an opening for a garage bay entry and relocation of the front door with installation of two lifts. Adjoining lots would be used as space for vehicles. The site is located within the Business B zoning district of the Land Development Ordinance (2010). The proposed use is not permitted in this district. A sign variance would also be required. Proposed Use: Mechanical garage (Not-Permitted) Present Use: House of Worship, Currently Vacant Land Area: 7500 SF Development Floor Area: 1800 SF Zoning District: Business B (BB) Designated Redevelopment Area: N/A Historic District: N/A Parking requirement: 4 for each service bay and 1 for each pump, plus 1 for each Service & auto repair shop vehicle used directly in the conduct of the enterprise (Automobile and gasoline Service & auto repair shop) <Cont’d> Case 21-Z-111WP Division of Planning Staff Comments BACKGROUND Image below: Red bordered lots show the current lot configurations. STAFF COMMENTS 1. There are presently numerous automobile uses on this block of West Paul Avenue, including automobile repair and towing businesses. 2. There is a single-family residence directly neighboring the proposed garage. 3. Testimony should be provided regarding the unique attributes of the site that makes it “particularly suitable” for the proposed non-permitted use, and how locating the proposed use on this particular site in this zone specifically promotes the purposes of planning. 4. Applicant shall provide testimony to confirm the proposed use has no negative impact or detriment to neighboring residents. 5. Applicant shall provide testimony as to the level of noise during operation. 6. Applicant shall provide testimony as to chemicals and other pollutants that may be present on site. 7. Site plan will need to determine the quantity of impervious surface on the site and drainage off the site. STAFF RECOMMENDED CONDITIONS In the event a motion is made to approve this application, staff recommends the following conditions: 1. All testimony given by the applicant and their expert witnesses in accordance with this application shall be binding. 2. Storage of tires on site will not be permitted on site at any time. 3. Applicant must show how perceived detriments to the neighboring residential properties shall be mitigated to the greatest extent possible. Page 2 of 6 The Division of Planning staff comments/recommendations on proposed applications does not assure approval for development applications submitted for Board hearings. Case 21-Z-111WP Division of Planning Staff Comments 2. Applicant and Owners shall comply with all conditions of approval set forth on the record by the Planning Board and/or the Division of Planning staff. 3. The memorialized resolution shall be recorded with the office of the County Registrar and made part of the deed. 4. The applicant shall return to the Zoning Board for preliminary and final site plan review. The site plan review will include details including lighting, traffic circulation, landscaping, utilities, waste disposal, and safety and security. 5. The applicant shall return to the Zoning Board for preliminary and final lot consolidation. STAFF RECOMMENDATIONS Planning staff recommends Denial of the application. Although there are numerous automobile uses in the vicinity of the property, it also abuts a residence. It is likely that the proposed use would negatively impact the neighboring residence. ADDENDUM (Excerpts from applicable Zoning District, Redevelopment Area Plan, Trenton250 Master Plan Land Use Report, variance relief guidance, etc.) 2010 Land Development Ordinance excerpt… Business B District (BB) § 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: (1) Surface parking lots. (2) Dance halls and skating rinks. (3) Bowling alleys. (4) Laundromats, self-service or with service attendants. B. The following uses are specifically prohibited: (1) 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. (2) Animal pounds and kennels. (3) Warehousing, lumber and outdoor storage yards. (4) Motor vehicle service stations, car washes and motor vehicle repair shops. (5) Drive through establishments. (6) Billiard parlors and pool halls. (7) Auto sales and services. (8) Motels. (9) Business establishments having more than three pinball machines or mechanical or electronic amusement devices, exclusive of City licensing or Alcoholic Beverage Control Board. Page 3 of 6 The Division of Planning staff comments/recommendations on proposed applications does not assure approval for development applications submitted for Board hearings. Case 21-Z-111WP Division of Planning Staff Comments (10) Convenience food stores over 2,000 gross square feet. § 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. § 315-119. Permitted conditional uses. [Refer to Article XXII (§ 315-132 et seq.)] A. Churches. B. Clubhouse. C. Funeral parlor. D. Schools. E. Health care facility. F. Telecommunications facilities. § 315-120. Lot size, area, yard and building requirements. Business B District Business Detached Semidetached Two-family Rowhouse Multifamily Mixed Uses Unit unit structure structure dwelling use structure structure Min. lot area 2,000 2,500/unit 1,500/ unit (sf) Min. yards(1) Front(2)(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 0(4) 6 6 6 ---(5) 0 0(4) Both 0(4) 14 --- 14 0 0(4) Min. lot 20 40 25 40 15/unit 20 40 width (ft) Max. bldg. 4/50 3/35 3/35 3/35 3/35 4/50 4/50 height (stories/ft) 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 business 500/unit area (sf) use Business: 800/business use 1 See § 315-232, Yard Exceptions. 2 When there is only one existing structure on a block, the front yard setback for a new structure shall be 20’. Page 4 of 6 The Division of Planning staff comments/recommendations on proposed applications does not assure approval for development applications submitted for Board hearings. Case 21-Z-111WP Division of Planning Staff Comments 3 If a property abuts a residence district, the front yard setback shall be the same as for the abutting residence district. If abutted by more than one residence district, the front yard requirements of the least restrictive residential district shall apply. 4 When a building designed wholly or partially for the conduct of business or other non-dwelling purposes adjoins a lot in a residence district at the side, a 6 foot setback shall be provided on the residential side of the business lot. 5 There shall be no more than eight units in any one rowhouse structure. A minimum side yard setback of 6 feet is required for each end unit in a rowhouse structure. § 315-121. General requirements. Accessory off-street parking spaces, open or enclosed, shall be provided for all new construction or additions, as required in Article XXIV (§ 315-178). From the Trenton 250 Land Use Element… Applicable Land Use – 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 currently 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 multimodal 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 Character Building Types • Residential Building Height: 3 stories maximum • Single Family • Local Serving Retail Building Placement: Detached (less than 5,000 sqft) • Building facades • Single Family Semi- • Community Garden shall have no setback detached • Community from the street • Townhome Center/Library Building Frontage: • Small Multifamily • Parks/Open space • Mixed- • Small Mixed-Use use/commercial / Live-work buildings shall have ground- floor commercial comprising of 25% façade transparency on the primary façade Page 5 of 6 The Division of Planning staff comments/recommendations on proposed applications does not assure approval for development applications submitted for Board hearings. Case 21-Z-111WP Division of Planning Staff Comments • At least one entry must face the primary street Parking: • Shall be located behind the primary street-facing building facade Page 6 of 6 The Division of Planning staff comments/recommendations on proposed applications does not assure approval for development applications submitted for Board hearings.