Title
Dept/ Agency: Offices of Municipal Council/City Clerk
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Opposing actions taken
Purpose: Response to an appeal of a decision of the Board of Adjustment regarding 94-106 Polk Street, Newark, New Jersey 07105.
Additional Information:
body
WHEREAS, appeals have been filed by three (3) neighborhood residents to the Municipal Council of the City of Newark from a decision by the Board of Adjustment issued on November 12, 2015, which granted a Use (“D”) Variance and “D” Variance for exceeding permitted density and “C” Variances for building type, exceeding permitted building height, insufficient rear yard setback, exceeding maximum lot coverage, insufficient building transparency and insufficient parking, in connection with the proposed construction of a five-story building, consisting of four-stories of residential totaling forty-eight (48) dwelling units, which are proposed market rate units, over one-story parking at 94-106 Polk Street, Newark, NJ 07105; and
WHEREAS, pursuant to N.J.S.A. 40:55D-17 this is an appeal do novo on the record established at the Board of Adjustment, and transcripts of the hearing before the Board of Adjustment, which took place on October 22, 2015 and have been distributed to Municipal Council Members for their review and consideration; and
WHEREAS, the subject property is located in an R 4 Zone and is approximately 15,000 square feet in area and presently contains a non-residential vacant industrial building, portions of which are one and two-story and a contractor’s parking yard/storage yard; and
WHEREAS, a review of the transcripts of the Board of Adjustment hearing clearly reveals that Appellants and fellow objectors (there were thirteen (13) objectors present at the hearing) voiced their objections mainly on the issue of density and parking/traffic, and
WHEREAS, density is determined by the number of dwelling units per acre and the applicable Zoning Ordinance requires a minimum of 650 square feet per dwelling unit; however, the developer proposed and the Board of Adjustment approved approximately 350 square feet per dwelling unit. In addition, the developer proposed and the Board of Adjustment approved forty-eight (48) parking spaces, eight (8) of which are proposed to be managed in a tandem arrangement, which under the current Zoning Ordinance would be considered to be forty (40) parking spaces; and
WHEREAS, pursuant to N.J.S.A. 40:55D-17 d) the Municipal Council is required to conclude a review of the record below and has the authority to affirm the action of the Board of Adjustment, reverse, or remand to the Board of Adjustment, to impose conditions on or alter conditions to any final action by the Board of Adjustment; and
WHEREAS, the Municipal Council has determined that 350 square feet dwelling units are inadequate and that 48 -350 square feet dwelling units would cause excessive and impermissible density on this site and that the dwelling units should not be less than 500 square feet and the Municipal Council has further determined that the parking that was proposed and approved was also inadequate.
NOW THEREFORE BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY THAT:
1. The decision by the Board of Adjustment approving 48 -350 square feet dwelling units is rejected and reversed and the matter is remanded to the Board of Adjustment with a direction that the Board of Adjustment conduct a rehearing in this matter to determine and re-calculate: (a) the reduced number of dwelling units to be approved (dwelling units to be at least 500 square feet); and (b) the additional number of parking spaces to be required, in conformity with this resolution.
2. The City Clerk shall mail a copy of this resolution to the Appellants and the Applicant no later than ten (10) days from the date of passage of the within resolution.
3. The City Clerk shall mail a copy of this Resolution to the Board of Adjustment, City of Newark, at: N’Dela Costley, Board Secretary, within ten (10) days of the date of passage of the within resolution.
4. The City Clerk shall publish a notice of this resolution in a newspaper with general circulation in the municipality.
STATEMENT:
This resolution hereby authorizes the Municipal Council on behalf of the City of Newark to reject and reverse the decision by the Board of Adjustment approving 48 -350 square feet dwelling units at 94-106 Polk Street, Newark, NJ 07105 and returns the matter to the Board of Adjustment with a direction that the Board of Adjustment conduct a rehearing in this matter to determine and re-calculate: (a) the reduced number of dwelling units to be approved (dwelling units to be at least 500 square feet); and (b) the additional number of parking spaces to be required.