Following exposure on FAA News of an application for an office building in a residential neighborhood with insufficient parking, the neighbors rushed to the Zoning Board's public hearing to oppose the application.
Following this opposition, the property has now been listed for sale.
Seems that the office building plan is "cancelled."
The existing Fourteenth Street neighborhood in Lakewood, close to Route 9, is famous for its on-street parking congestion.
The vacant 13,000 sq foot lot at the intersection of Fourteenth Street at Madison Avenue is located in the R-12 zoning district which only permits single family homes on 12,000 sq foot lots.
As previously reported here on FAA News back in March 2023, Isaac Oberlander submitted Application ZB 4272 to Lakewood Township's Zoning Board for Use Variance relief to construct a 2-story building with 3,750 sq feet of office space on this 13,000 sq foot lot.
The application sought a Use Variance to permit the non-permitted use, as well as a variance for Minimum Rear Yard Setback of 15 feet where 20 feet is required.
The bi-furcated application depicted a grand total of 15 parking spaces for this building!
Curiously, the Traffic Study submitted by McDonough & Rea Associates somehow asserted that there are no traffic concerns as the proposed office building will only generate 6 vehicular trips during the morning and afternoon peak travel hours. Even more curiously, the traffic study asserts that 40% of the trip generation traffic will turn left on to Route 9 northbound, despite that there is no traffic signal at that busy intersection!
The New Jersey Municipal Land Use Law (NJSA 40:55D-70d) provides that a Use Variance may only be granted "in particular cases for special reasons," and with "a showing that such variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and the purpose of the zone plan and zoning ordinance."
Pursuant to a 1987 New Jersey Supreme Court case known as Medici v. BPR Co., "special reasons" for a non-inherently beneficial use are established by demonstrating that the proposed use promotes the general welfare because the property in question is particularly suited for the proposed use.
This requires a very strict level of testimony.
Use Variances require an affirmative vote of at least five Zoning Board members - something not so easy to obtain when there is opposition from the neighbors.
As previously reported here on FAA News, numerous neighbors came to the meeting to object to the application.
The Board took note of all the opposition and also noted that the applicant did not submit architectural plans. The Board adjourned the application whenever the applicant submits architectural plans. In all this time, the applicant has never returned to the Board.
The property was just placed up sale.
The listing seeks $799,000.
The Oberlanders purchased the lot in 2016 for $412,000, public records indicate.
The for sale listing so aptly proclaims "Build your dream home on this 100' by 130' corner lot!"
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