The Planning/Zoning Board reviewed two applications for variances at their April 12, 2022, meeting:
The first Applicant heard was the owner of property at 281 Sixth Street. The Applicant was seeking variances for non-conformity items for a home built in the 1960’s, which the Applicant intended to renovate and add two bedrooms and a garage. Because of structural problems, it became necessary to remove the existing building. The owner would like to build a structure substantially the same as the prior home.
A number of Board members indicated that they did not view the Applicant’s project as a renovation but as new construction that should meet current ordinances. As a result, at the Applicant’s request, the hearing was postponed until May 10 to give the Applicant time to reconsider his positions.
The second application was for a rear-yard setback variance to accommodate the construction of an elevator shaft. The property address is 115 78th Street. The Applicant’s position was that the variance could be granted on the basis of hardship or on the grounds that the benefits of granting the variance outweighed any detriments. The Applicant testified that he has a physical disability that makes it difficult to navigate stairs and that he is prone to falling.
Applicant’s attorney cited a section of the American Disability Act which sets forth criteria that zoning boards must consider to avoid acts which would be deemed to discriminate against the disabled.
Applicant’s land use expert testified that, in his opinion, locating the elevator shaft in the rear of the building was the best location for it.
The Board granted the requested variance.
Next, the Board reviewed a proposed change in a zoning ordinance to provide a special exception permitting a platform and stairs for access to elevated electric meters to encroach within any setback area. This change was necessary because Atlantic City Electric is requiring contractors to install platform and stairs to access meters. The Board agreed to limit the exception solely to electric meter access and to no other use.
During the public comment session, one person urged the Borough to require Atlantic City Electric to install meters that could be read remotely or to use telescoping poles to access the meters rather than permitting encroachment in the setback area.
Two people again encouraged the Board to live-stream the meetings. Both said they spent several hours traveling to attend.